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Jobs, Growth and Long-term Prosperity Act (S.C. 2012, c. 19)

Assented to 2012-06-29

PART 4VARIOUS MEASURES

Division 431996, c. 23Employment Insurance Act

Amendments to the Act

Marginal note:2008, c. 28, s. 127; 2010, c. 12, s. 2204(3)
  •  (1) The portion of subsection 66.1(1) of the Act before paragraph (a) is replaced by the following:

    Marginal note:Information provided
    • 66.1 (1) The Minister shall, on or before July 31 in a year, provide the Board with the following information:

  • Marginal note:2008, c. 28, s. 127; 2010, c. 12, s. 2204(3)

    (2) Paragraphs 66.1(1)(a) and (b) of the Act are replaced by the following:

    • (a) if the Minister has made an announcement referred to in paragraph 66(2)(e), the forecast change in the amount of the payments to be made during each of the following seven years under paragraph 77(1)(a), (b) or (c), as the case may be;

    • (b) the forecast costs to be paid under paragraphs 77(1)(d) and (f) during each of the following seven years, including any forecast change in those costs resulting from any change to the payments referred to in paragraph (a);

Marginal note:2008, c. 28, s. 127
  •  (1) The portion of subsection 66.2(1) of the Act before paragraph (a) is replaced by the following:

    Marginal note:Information provided
    • 66.2 (1) The Minister of Finance shall, on or before July 31 in a year, provide the Board with the following information:

  • Marginal note:2008, c. 28, s. 127

    (2) Paragraph 66.2(1)(a) of the Act is replaced by the following:

    • (a) the most current available forecast values of the economic variables that are relevant to the determination under section 66 of a premium rate for the following year;

Marginal note:2008, c. 28, s. 127
  •  (1) The portion of subsection 66.3(1) of the Act before paragraph (a) is replaced by the following:

    Marginal note:Governor in Council
    • 66.3 (1) On the joint recommendation of the Minister and the Minister of Finance, the Governor in Council may, on or before September 30 in a year,

  • Marginal note:2008, c. 28, s. 127

    (2) Paragraph 66.3(1)(b) of the Act is replaced by the following:

    • (b) if the Board has not set a premium rate under that section by September 14 in the year, set one for the following year.

Marginal note:2008, c. 28, s. 128

 Section 70.1 of the Act is repealed.

Marginal note:2008, c. 28, s. 130; 2010, c. 12, s. 2205
  •  (1) The portion of subsection 77.1(1) of the Act before paragraph (a) is replaced by the following:

    Marginal note:Forecasts and estimates
    • 77.1 (1) On or before July 31 in a year,

  • Marginal note:2008, c. 28, s. 130; 2010, c. 12, s. 2205

    (2) The portion of subsection 77.1(2) of the Act before the formula is replaced by the following:

    • Marginal note:Payment to Board

      (2) A payment in the amount determined under subsection (3) is to be made on or before August 31 in a year to the Board out of the Consolidated Revenue Fund, on the requisition of the Minister of Finance, and charged to the Employment Insurance Operating Account if

  • Marginal note:2008, c. 28, s. 130; 2010, c. 12, s. 2205

    (3) The portion of subsection 77.1(4) of the Act before the formula is replaced by the following:

    • Marginal note:Payment by Board

      (4) A payment in the amount determined under subsection (5) is to be made on or before August 31 in a year, or at any later date that the Minister of Finance may specify, by the Board to the Consolidated Revenue Fund and credited to the Employment Insurance Operating Account if

  • Marginal note:2008, c. 28, s. 130; 2010, c. 12, s. 2205

    (4) The portion of subsection 77.1(5) of the Act before the formula is replaced by the following:

    • Marginal note:Amount of payment by Board

      (5) For the purpose of subsection (4), the amount of the payment is an amount equal to the lesser of the amount of the Board’s financial assets less its financial liabilities and the amount calculated in accordance with the following formula:

  •  (1) Section 96 of the Act is amended by adding the following after subsection (4):

    • Marginal note:No refund

      (4.1) No refund shall be made to a person under subsection (4) if the person is also a self-employed person to whom Part VII.1 applies and the person’s total earnings from insurable employment and from self-employment calculated in accordance with that Part are more than $2,000 in a year.

  • (2) Subsection 96(5) of the Act is replaced by the following:

    • Marginal note:Refund — insurable earnings over $2,000

      (5) If a person who is not a self-employed person to whom Part VII.1 applies has insurable earnings of more than $2,000 in a year, but the insurable earnings minus the aggregate of all deducted amounts mentioned in subsection (4) are less than $2,000, the Minister shall refund to the person an amount calculated in accordance with the following formula if that amount is more than $1:

      $2,000 – (IE – P)

      where

      IE
      is the person’s insurable earnings in the year; and
      P
      is the aggregate of all deducted amounts mentioned in subsection (4).
    • Marginal note:Refund — combined earnings over $2,000

      (5.1) If a person has insurable earnings and is also a self-employed person to whom Part VII.1 applies and the person’s total earnings from insurable employment and from self-employment calculated under that Part are more than $2,000 in a year, but the total earnings minus the aggregate of all deducted amounts mentioned in subsection (4) and the premiums payable under section 152.21 are less than $2,000, the Minister shall refund to the person the lesser of the following amounts if that amount is more than $1:

      • (a) the aggregate of all deducted amounts mentioned in subsection (4), and

      • (b) the amount calculated in accordance with the following formula

        $2,000 – (TE –TP)

        where

        TE
        is the person’s total earnings from insurable employment and from self-employment calculated under Part VII.1; and
        TP
        is the aggregate of all deducted amounts mentioned in subsection (4) and the premiums payable under section 152.21.

Transitional Provision

Marginal note:Transitional

 Section 14 of the Employment Insurance Act, as amended by section 604, applies only to claimants whose benefit period is established on or after April 7, 2013.

2008, c. 28, s. 121Consequential Amendments to the Canada Employment Insurance Financing Board Act

 Paragraph 4(b) of the Canada Employment Insurance Financing Board Act is repealed.

  •  (1) The portion of subsection 14(3) of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Duties

      (3) The chief actuary shall prepare actuarial forecasts and estimates for the purposes of section 66 of the Employment Insurance Act and shall, on or before August 31 in each year, provide the board of directors with

  • (2) Paragraph 14(3)(b) of the Act is replaced by the following:

    • (b) the forecast fair market value at the end of the following year of the Board’s financial assets less its financial liabilities;

Coming into Force

Marginal note:April 7, 2013
  •  (1) Section 604 and subsections 608(2) and (3) come into force on April 7, 2013.

  • Marginal note:Order in council

    (2) Sections 605 and 607 come into force on a day to be fixed by order of the Governor in Council.

  • Marginal note:January 1

    (3) Subsections 609(2) and (6), 610(2) and 611(2) come into force on January 1 of the first year for which the Canada Employment Insurance Financing Board reports that, by the end of that year, according to its chief actuary’s projections, the total of the amounts credited to the Employment Insurance Operating Account after December 31, 2008, will be equal to or greater than the total of the amounts charged to that Account after that date.

Division 441997, c. 36Customs Tariff

Amendments to the Act

 The Description of Goods of tariff item No. 2710.19.91 in the List of Tariff Provisions set out in the schedule to the Customs Tariff is amended by striking out the reference to “; Oils and preparations thereof, having a viscosity of 7.44 mm2/sec. or more at 37.8° C”.

 The Description of Goods of tariff item No. 2710.20.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by striking out the reference to “; Oils and preparations thereof, having a viscosity of 7.44 mm2/sec. or more at 37.8° C”.

 The Description of Goods of tariff item No. 9804.10.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing the reference to “four hundred dollars” with a reference to “eight hundred dollars”.

 The Description of Goods of tariff item No. 9804.20.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing the reference to “seven hundred and fifty dollars” with a reference to “eight hundred dollars”.

 The Description of Goods of tariff item No. 9804.40.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing the reference to “fifty dollars” with a reference to “two hundred dollars”.

Coming into Force

Marginal note:March 30, 2012
  •  (1) Sections 620 and 621 are deemed to have come into force on March 30, 2012.

  • Marginal note:June 1, 2012

    (2) Sections 622 to 624 come into force on June 1, 2012.

Division 451998, c. 10Canada Marine Act

 Subsection 8(5) of the Canada Marine Act is replaced by the following:

  • Marginal note:When Governor in Council approval required

    (5) Any provisions of letters patent relating to limits on a port authority’s power to borrow money on its credit for port purposes shall be approved by the Governor in Council, on the recommendation of the Minister and the Minister of Finance, before the letters patent are issued.

Division 461999, c. 24First Nations Land Management Act

 Subsection 2(1) of the First Nations Land Management Act is amended by adding the following in alphabetical order:

“Surveyor General”

« arpenteur général »

“Surveyor General” has the same meaning as in subsection 2(1) of the Canada Lands Surveys Act.

 Paragraph 6(1)(a) of the Act is replaced by the following:

  • (a) a description of the land that is to be subject to the land code that the Surveyor General may prepare or cause to be prepared or any other description that is, in the Surveyor General’s opinion, sufficient to identify those lands;

 The Act is amended by adding the following after section 6:

Marginal note:Survey not mandatory

6.1 If the Surveyor General prepares or causes to be prepared a description of lands under paragraph 6(1)(a), the Surveyor General may, if he or she considers it appropriate, survey or have those lands surveyed in accordance with the Canada Lands Surveys Act.

  •  (1) The portion of subsection 7(1) of the Act before paragraph (a) is replaced by the following:

    Marginal note:Excluded land
    • 7. (1) Despite subsection 6(1), a portion of a reserve may be excluded from the application of a land code if

  • (2) Subsection 7(3) of the Act is repealed.

 The Act is amended by adding the following after section 7:

Marginal note:Exclusion — boundaries of reserve uncertain
  • 7.1 (1) Despite subsection 6(1), land may be excluded from the application of a land code if it is uncertain whether the land is located within the boundaries of the reserve.

  • Marginal note:Land subject to lease, other interest or right

    (2) If the exclusion of the land would have the effect of placing the administration of a lease, other interest or a right in that land in more than one land management regime, then all the land that is subject to that lease, other interest or right shall be excluded from the application of the land code.

  • Marginal note:Limitation — effects of exclusion

    (3) The exclusion of the land does not preclude the First Nation or Her Majesty from asserting in an action, a lawsuit or other proceeding that the land is part of the reserve.

Marginal note:Inclusion of previously excluded land

7.2 A First Nation shall amend the description of First Nation land in its land code to include a portion of a reserve excluded under subsection 7(1) or land excluded under subsection 7.1(1) if the First Nation and the Minister agree that the condition that justified the exclusion no longer exists, and the individual agreement shall be amended accordingly.

 

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